Senate Bill sb1000c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                           CS for SB 1000

    By the Committee on Criminal Justice; and Senators Garcia,
    Argenziano, Smith and Fasano




    307-2428-03

  1                      A bill to be entitled

  2         An act relating to the Criminal Justice

  3         Standards and Training Commission; amending s.

  4         943.11, F.S.; revising the membership on the

  5         commission; revising certain qualifications for

  6         membership; amending s. 943.1395, F.S.;

  7         authorizing the commission to prescribe a range

  8         of disciplinary actions for certain offenses;

  9         specifying circumstances under which a probable

10         cause panel may take additional disciplinary

11         action than that prescribed by rule; providing

12         for notification of officers; providing for

13         continuation of service of commission chair;

14         providing an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Paragraph (a) of subsection (1) of section

19  943.11, Florida Statutes, is amended to read:

20         943.11  Criminal Justice Standards and Training

21  Commission; membership; meetings; compensation.--

22         (1)(a)  There is created a Criminal Justice Standards

23  and Training Commission within the Department of Law

24  Enforcement.  The commission shall be composed of 20 19

25  members, consisting of the secretary of the Department of

26  Corrections or a designee designated assistant; the Attorney

27  General or a designee designated assistant; the Commissioner

28  of Education or a designee designated assistant; the Director

29  of the Division of the Florida Highway Patrol; and 16 15

30  members, to be appointed by the Governor, consisting of 3

31  sheriffs; 3 chiefs of police; 5 4 law enforcement officers who

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1000
    307-2428-03




 1  are neither sheriffs nor chiefs of police, at least 3 of whom

 2  are of the rank of sergeant or below within the employing

 3  agency; 2 correctional officers, 1 of whom is an administrator

 4  of a state correctional institution and 1 of whom is of the

 5  rank of sergeant or below within the employing agency; 1

 6  training center director; 1 person who is in charge of a

 7  county correctional institution; and 1 resident of the state

 8  who falls into none of the foregoing classifications.  Prior

 9  to the appointment, the sheriff, chief of police, law

10  enforcement officer, and correctional officer members shall

11  have had at least 4 years' experience as law enforcement

12  officers or correctional officers.

13         Section 2.  Paragraphs (a) and (c) of subsection (8) of

14  section 943.1395, Florida Statutes, are amended to read:

15         943.1395  Certification for employment or appointment;

16  concurrent certification; reemployment or reappointment;

17  inactive status; revocation; suspension; investigation.--

18         (8)(a)  The commission shall, by rule, adopt

19  disciplinary guidelines and procedures to administer the

20  penalties provided in subsections (6) and (7). The commission

21  may, by rule, prescribe penalties for certain offenses. Except

22  for an offense set forth in s. 943.13(4), the penalties for an

23  offense prescribed in the rules must provide a range of

24  disciplinary actions, from suspension to revocation of

25  certification. The commission shall, by rule, set forth

26  aggravating and mitigating circumstances to be considered when

27  imposing the penalties provided in subsection (7).

28         (c)  For the purpose of implementing the penalties

29  provided in subsections (6) and (7), the chair of the

30  commission may appoint one or more panels of three

31  commissioners each to determine probable cause.  In lieu of a

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1000
    307-2428-03




 1  finding of probable cause, the probable cause panel may issue

 2  a letter of guidance to the officer. However, when an

 3  employing agency disciplines an officer and the officer's

 4  employment is continued or reinstated by the agency as the

 5  result of a disciplinary appeal procedure, including, but not

 6  limited to, a grievance procedure, arbitration, a civil

 7  service appeal, or an administrative hearing, a probable cause

 8  panel may only review the sustained disciplinary charges and

 9  disciplinary penalty resulting from the disciplinary appeal,

10  determine whether or not the penalty conforms to, or is less

11  than, the disciplinary penalties prescribed by rule, and, in

12  writing and on behalf of the commission, notify the employing

13  agency and officer of the results of the review.  If the

14  penalty conforms to, or is less than, the disciplinary penalty

15  provided by rule, the officer and employing agency shall be

16  notified, in writing through a letter of acknowledgement, that

17  no further action shall be taken.  If the penalty conforms to

18  or is less than the does not conform to such disciplinary

19  penalty prescribed by rule and the officer has previously

20  received a letter of acknowledgement in the preceding 3 years,

21  the officer and employer shall be notified, in writing, of

22  further action to be taken.

23         Section 3.  The current chair of the Criminal Justice

24  Standards and Training Commission shall continue as one of the

25  law enforcement officer members of the commission until the

26  expiration of his or her term, subject to the provisions of

27  section 943.11(1)(d), Florida Statutes.

28         Section 4.  This act shall take effect upon becoming a

29  law.

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1000
    307-2428-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1000

 3                                 

 4  -    Allows the Secretary of the Department of Corrections and
         the Commissioner of Education to name a designee to serve
 5       on the commission, and removes the requirement that both
         correctional officer members of the commission be of the
 6       rank of sergeant or below.

 7  -    Provides that the commission may only review the results
         of a disciplinary appeal procedure to determine whether
 8       the disciplinary penalty conforms to or is less than the
         disciplinary penalties provided by commission rule. If
 9       the penalty conforms to or is less than the range of
         penalties, the officer must be notified in writing, by
10       letter of acknowledgement, that no further actions will
         taken unless the officer has received a letter of
11       acknowledgement within the proceeding 3 years.

12  -    Includes provision for continued service of the current
         commission chair.
13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.